Massachusetts Runaway Laws and Consequences
My sister-in-law, (16 years, 5 months), is being psychologically abused not only by her father, (who has had custody over her for four years in Massachusetts), but by peers as well. She is scared for her safety, and has recently been assaulted by her boyfriend, almost to the point of rape. Her brother and I live in Louisiana with my father, and she has expressed a desire to move in with us. I have more than one question on the matter.
1) What is the process for filing for emancipation in Massachusetts?
2) What are the laws pertaining to runaways in Massachusetts, as well as the consequences for the runaway and those housing her?
3) Could custody be transferred to her brother?
I would ask about custody being transferred to the mother, (who lived with us from December of last year), but she died in October 2010. Also, because her mother was disabled, my sister-in-law now receives benefits from Social Security. I would hate to see her harmed any further than she has been, or see her lose those benefits.
Re: Massachusetts Runaway Laws and Consequences
How old is her brother?
The emancipation process and runaway laws are here:
http://www.clcm.org/minors_rights.htm
However, nothing you have posted suggests that she is a candidate for what passes for emancipation in Massachusetts, and if she runs away she is subject to arrest.
Has anyone contacted DSS to see if the situation warrants her being removed from her home? "Psychological abuse" sometimes translates to "Dad won't let me do what I want".
Re: Massachusetts Runaway Laws and Consequences
I'm not sure that there is presently a way for her to emancipate in Massachusetts save by reaching the age of 18.
If a sixteen-year-old runs away across state lines, I would expect her to be picked up and detained by juvenile authorities in Louisiana pending her transfer back to Massachusetts. If she reports abuse, she could anticipate that the authorities will investigate her allegations.
Has she reported the incident with her boyfriend to the authorities? If fear of her boyfriend is the driving force behind her desire to run away, that's not going to be a compelling reason to take her out of her father's custody.
Re: Massachusetts Runaway Laws and Consequences
Her brother is 20 years old.
She has not reported the assault to the authorities because, yes, she is afraid but not of her boyfriend; she's afraid of her father. Her father does more than simply disciplines. He harasses her, threatens her, and brings prostitutes into their home frequently. I have seen all of those behaviors from him in the past when I have visited with my husband.
I'm not sure what else to do for her. She was originally going to come visit her mother and try to move down as a result of a custody swap, (which her mother was very much interested in), but as I stated before, her mother died in late October of this year.